MGMT 3311 - Ch 2

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Transcript of MGMT 3311 - Ch 2

Equal Opportunity and the LawDr. Laura GuerreroWhat is equal opportunity? What is diversity? Why are these important?Title VII of the 1964 Civil Rights Act

It is unlawful to refuse to hire or to discharge or otherwise to discriminate against any individual with respect to his/her conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin

... to limit, segregate, or classify employees or applicants in any way that would tend to deprive any individual of employment opportunities or otherwise adversely affect his/her status as an employee, because of such individual's race, color,religion, sex, or national origin

Quid Pro Quo – tangible employment actionHostile Environment Created by SupervisorsHostile Environment Created by Coworkers or Non-employeesDisparate or Adverse impact disparate rejection rates standard deviation rule restricted policy population comparisons McDonnell-Douglas testThe Four Fifths Rule states that a selection rate for any racial, ethnic or sex group should not be less than 4/5ths (80%) of the rate for the group with the highest rate

Example: 6 out of every 10 male applicants are hired4 out of every 10 female applicants are hiredIs there disparate impact?Expected vs. actual should be less than 2 SD apartRestricted Policy refers to an employer’s policy that intentionally or unintentionally excludes members of a protected groupExample:The candidate to be a college instructor is required to lift 50 lbsIs this an example of restricted policy? Why or why not?Population Comparisons Compare 1) the percentage of the protected group and white workers in the organization with 2) the percentage of the corresponding qualified groups in the labor market

Example:20% of managers are Hispanic, 80% are Caucasian80% of people in El Paso are HispanicIs this an example of adverse impact in El Paso?McDonnell-DouglasTest When an applicant is qualified but rejected, the Court has determined that a prima facie case of disparate treatment has been established under these conditions: the person belongs to a protected classthe person applied and was qualified for the position offereddespite the qualification, the person was rejectedand that after rejection, the employer continued to seek applications from persons with the complainant’s qualificationsIn groups: (1) explain BFOQ (2) examples of age and religion as BFOQ (3) examples of national origin and gender as BFOQ (4) explain business necessity(5) issues with recruitment – words of mouth, misleading information, help-wanted ads (6) issues with selection standards – educational requirements, tests, preference to relatives, physical characteristic requirements, arrest records, application forms, discharge due to garnishment (7) issues with physical appearance – dress, hair, uniforms, tattoos and body piercingsIn groups explain (1) diversity THREATS TO DIVERSITY (2) stereotyping and prejudice (3) discrimination (4) tokenism (5) ethnocentrism (6) gender-role stereotypes